University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name United States v. Belleville EE-IL-0265
Docket / Court 3:93-cv-00799-GPM ( S.D. Ill. )
State/Territory Illinois
Case Type(s) Equal Employment
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On November 10, 1993, the United States filed a lawsuit under Title VII against the city of Belleville and the Board of Fire and Police Commissioners in the U.S. District Court for the Southern District of Illinois. The United States alleged that the city engaged in discriminatory employment ... read more >
On November 10, 1993, the United States filed a lawsuit under Title VII against the city of Belleville and the Board of Fire and Police Commissioners in the U.S. District Court for the Southern District of Illinois. The United States alleged that the city engaged in discriminatory employment practices that had the purpose or effect of excluding African Americans from the police and fire work force and sought monetary and injunctive relief.

The United States specifically alleged that the defendant's use of written examinations in the hiring procedure and its methods of advertising disproportionately excluded blacks from employment. The United States also alleged that the City engaged in several discriminatory employment practices which had the purpose or effect of excluding women from the work force in violation of Title VII, including the use of physical performance examinations and weight and height requirements in the processing and selection of candidates for appointment to positions with the City of Belleville's police and fire departments.

On May 1, 1995, the United States and the defendant agreed to enter into a consent decree ordered by the district court (Judge Paul E. Riley). The decree stated that the City would implement a recruitment program designed to attract qualified black and female applicants for all employment positions. The consent decree also ordered the defendants to establish a $450,000 back pay settlement fund to be distributed to individuals identified by the United States as victims of the alleged discrimination and a $250,000 pension settlement fund to be distributed to the victims of the alleged discrimination who accept an offer of employment from the Defendants. The Defendants was further ordered to retain all necessary and relevant records concerning the implementation of the Decree and furnish bi-annual reports to the United States concerning employment decisions by the Defendants, and the Consent Decree will remain in effect for five years after the date of entry.

On August 8, 1995, the district court (Judge Riley) addressed specific objections to the consent decree. Teamsters Automotive, Petroleum and Allied Trades ("Local 50") objected that the collective bargaining agreements' seniority provisions would be significantly skewed by the Consent Decree. The City joined Local 50 by arguing that the retroactive seniority provisions in the Consent Decree will have an adverse impact on the seniority rights of current incumbents under the collective bargaining agreement of Local 50. Local 50 requested that the Court enter the Consent Decree without the competitive retroactive seniority provision. The district court (Judge Riley) granted the Plaintiff's motion for final entry of the Consent Decree over these objections.

On January 27, 2003, the district court (Judge G. Patrick Murphy) dissolved the consent decree after finding that the City had engaged in sufficient employment activity to assure their good faith in achieving the purposes of the Consent Decree. Furthermore, the Judge asserted that the responsibility to administer the police and fire department should be returned to local elected officials.

Dana Schwarz - 11/08/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Defendant-type
Fire
Law-enforcement
Discrimination-area
Hiring
Testing
Discrimination-basis
Race discrimination
Sex discrimination
General
Pattern or Practice
Plaintiff Type
U.S. Dept of Justice plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) City of Belleville
Plaintiff Description U.S. on behalf of African-American and female fire and police employees and applicants
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought None on record
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1995 - 2003
Case Closing Year n/a
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
3:93-cv-00799 (S.D. Ill.) 03/23/2004
EE-IL-0265-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Memorandum and Order 08/08/1995 (1995 WL 1943014) (S.D. Ill.)
EE-IL-0265-0004 PDF | WESTLAW | Detail
Memorandum and Order 03/27/2000 (S.D. Ill.)
EE-IL-0265-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order 12/09/2002 (S.D. Ill.)
EE-IL-0265-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 01/27/2003 (S.D. Ill.)
EE-IL-0265-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Murphy, G. Patrick (S.D. Ill.)
EE-IL-0265-0001 | EE-IL-0265-0002 | EE-IL-0265-0003 | EE-IL-0265-9000
Riley, Paul E. (S.D. Ill.)
EE-IL-0265-0004
Monitors/Masters None on record
Plaintiff's Lawyers Clark, Carolyn (District of Columbia)
EE-IL-0265-9000
Degarlais, Vincent C. (District of Columbia)
EE-IL-0265-9000
Dulen, Maureen T (District of Columbia)
EE-IL-0265-9000
Foose, Andrew A. (District of Columbia)
EE-IL-0265-9000
Grace, Charles W (Illinois)
EE-IL-0265-9000
Jones, Laura J (Illinois)
EE-IL-0265-9000
Loeser, Derek W. (District of Columbia)
EE-IL-0265-9000
Miquelon, Miriam F (Illinois)
EE-IL-0265-9000
Spritzer, Lois (Missouri)
EE-IL-0265-9000
Turner, James P. (District of Columbia)
EE-IL-0265-9000
Ugelow, Richard S (District of Columbia)
EE-IL-0265-9000
Defendant's Lawyers Bailey, Curtis R (Illinois)
EE-IL-0265-9000 | EE-IL-0265-9000
Bruch, Julie A. (Illinois)
EE-IL-0265-9000
Casson, George J. Jr. (Illinois)
EE-IL-0265-9000
Cueto, Amiel S (Illinois)
EE-IL-0265-9000
Harrison, Rodney A. (Missouri)
EE-IL-0265-9000
Kosoff, Clifford J (Illinois)
EE-IL-0265-9000
May, Jane M (Illinois)
EE-IL-0265-9000
Yates, David F (Missouri)
EE-IL-0265-9000
Other Lawyers None on record

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